Rajya Sabha passes Bill to increase pecuniary jurisdiction of Delhi High Court

Today (06.05.2015), the Rajya Sabha passed the Delhi High Court (Amendment) Bill, 2014, in the Rajya Sabha, to enhance the pecuniary jurisdiction of ordinary original jurisdiction of the Delhi High Court from the existing ₹ 20 lakh to ₹ 2 crore. This Bill will now have to be passed by the Lok Sabha before it is sent to the President for his assent to become a valid law.

Delhi High Court

This Bill makes changes in sub-section (2) of section 5 of the Delhi High Court Act, 1966, by substituting the words “rupees two crore” for the words “rupees twenty lakhs”. Similar change has been made in section 25 of Punjab Courts Act, 1918, as in force in the National Capital Territory of Delhi.

It may be pointed out that at present sub-section (2) of section 5 of the Delhi High Court Act, 1966, provides as under:

“(2) Notwithstanding anything contained in any law for the time being in force, the High Court of Delhi shall also have in respect of the said territories ordinary original civil jurisdiction in every suit the value of which exceeds rupees twenty lakhs.”

Likewise, presently, section 25 of Punjab Courts Act, 1918, as in force in the National Capital Territory of Delhi, lays down as under:

“25. Except as otherwise provided by any enactment for the time being in force, the court of the District Judge shall have jurisdiction in every original civil suit the value of which does not exceed rupees twenty lakhs.”

Now, with the above amendment being made by substituting the words “rupees two crore” for the words “rupees twenty lakhs”, the pecuniary jurisdiction of the Delhi High Court in original civil jurisdiction will be changed to suits the value of which exceeds rupees two crore. Suits involving up to or less than this amount will have to be filed before the District Courts in Delhi.

The amendment approved today in the Rajya Sabha also contains the following provision empowering the high court chief justice to transfer any pending suit to a relevant subordinate court:

“4. The Chief Justice of the High Court of Delhi may transfer any suit or other proceedings which is or are pending in the High Court immediately before the commencement of this Act to such subordinate court in the National Capital Territory of Delhi as would have jurisdiction to entertain such suit or proceedings had such suit or proceedings been instituted or filed for the first time after such commencement.”

With this amendment, the demand being repeatedly made by the lawyers of the District Courts in Delhi will be met and people in Delhi will also be benefitted since they will not have to rush to the High Court for every small case. In fact, the lawyers of District Courts were on strike for last several days pressing for their demand of passing the above amendment bill. Hopefully, the strike will now be called off.

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